PUBLIC LAW 100-607—NOV. 4, 1988

102 STAT. 3095

toward populations in which there is significant evidence of
such infection.

"SEC. 2503. REQUIREMENT OF SUBMISSION OF APPLICATION CONTAIN- 42 USC
ING CERTAIN AGREEMENTS AND ASSURANCES. 300ee-13.

"(a) IN GENERAL.—The Secretary may not make payments under
section 2501(a) for a fiscal year unless—

"(1) the State involved submits to the Secretary a description
of the purposes for which the State intends to expend the
payments for the fiscal year;

"(2) the description identifies the populations, areas, and
localities in the State with a need for the services for which
amounts may foe provided by the State under this part;

"(3) the description provides information relating to the pro-
grams and activities to be supported and services to be provided,
including a description of the manner in which such programs
and activities will be coordinated with any similar programs
and activities of public and private entities; and

"(4) the State submits to the Secretary an application for the
payments containing agreements in accordance with this part;
"(5) the agreements are made through certification from the
chief executive officer of the State;

"(6) with respect to such agreements, the application provides
assurances of compliance satisfactory to the Secretary; and
"CD the application otherwise is in such form, is made in such
manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to
carry out this part.

"(b) OPPORTUNITY FOR PUBLIC COMMENT.—The Secretary may not
make payments under section 2501(a) for a fiscal year unless the
State involved agrees that, in developing and carrying out the
description required in subsection (a), the State will provide public
notice with respect to the description (including any revisions) and
will facilitate comments from interested persons.

"SEC. 2504. RESTRICTIONS ON USE OF GRANT.

"(a) IN GENERAL.—The Secretary may not make payments under
section 2501(a) for a fiscal year unless the State involved agrees that
the payments will not be expended—
"(1) to provide inpatient services;

"(2) to make cash payments to intended recipients of services;
"(3) to purchase or improve real property (other than minor
remodeling of existing improvements to real property) or to
purchase major medical equipment; or

"(4) to satisfy any requirement for the expenditure of non-
Federal funds as a condition for the receipt of Federal funds,
"(b) LIMITATION ON ADMINISTRATIVE EXPENSES.—The Secretary
may not make payments under section 2501(a) for a fiscal year
unless the State involved agrees that the State will not expend more
than 5 percent of the payments for administrative expenses with
respect to carrying out the purpose described in section 2501(b).

"SEC 2505. REQUIREMENT OF REPORTS AND AUDITS BY STATES.

"(a) REPORTS.—The Secretary may not make payments under
section 2501(a) for a fiscal year unless the State involved agrees to
prepare and submit to the Secretary an annual report in such form

42 USC
300ee-14.

Real property.

42 USC
300ee-15.